Date: 19990715
Dossier: T-369-96
| BETWEEN: |
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
------------------------------------------------------------------------------------------------------------------
CERTIFICATE OF TAXATION
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I hereby certify that the Defendant's bill of cost in the above case has been taxed and allowed in the sum of $ 3,600.00.
JOHANNE PARENT
ASSESSMENT OFFICER
MONTREAL (QUEBEC)
July 15, 1999
Date: 19990715
Docket: T-369-96
| BETWEEN: |
ALLAN J. LÉGÈRE
Plaintiff
AND
HER MAJESTY THE QUEEN
Defendant
REASONS FOR TAXATION
JOHANNE PARENT, ASSESSMENT OFFICER:
[1] On May 3, 1999, the Defendant filed a bill of costs further to the dismissal with costs of the Plaintiff's action. The judgment of the Court (Richard Morneau, Esq., Prothonotary) was rendered on March 12, 1999.
[2] Attached to the bill of costs was a request to the Court for the issuance of a notice of appointment for assessment. On May 12, 1999, letters were sent to the solicitors for both parties submitting dates to file and serve their written representations. Written representations were filed by the Plaintiff on his own behalf on June 11, 1999 and on June 30, 1999 by the Defendant's solicitors.
[3] In its bill of costs, the Defendant claims the maximum number of units for fees relating to services rendered under items 2, 10, 13 and 15 of Tariff B, column III. The Plaintiff's comments on the Defendant's bill of costs are to the effect that the sums are outrageous and hard to account for. In response, the Defendant mentions that "the units sought are reasonable under the circumstances taking account of the seriousness and the complexity of the issues raised...."
[4] I question the Defendant's claim for the maximum of units under the items mentioned above. Owing to the evidence in support of the bill of costs and the fact that no reference is made to the services rendered in this matter that could help me determine the quantum of costs.
[5] Taking into account the aforementioned and the criteria stated in Rule 400(3), I have reviewed the proceedings in this case and I believe that the following is a fair compensation for services rendered by counsel.
Column III/ Amount
Item Services Units awarded
2 Preparation and filing 6 $ 600.00
of the Defence
10 Preparation for conference, 5 $ 500.00
including memorandum
13 Counsel fees: preparation for 4 $ 400.00
trial including inter alia
preparation of witnesses
15 Preparation and filing of 6 $ 600.00
written argument as requested
by the Court
[6] The number of units claimed under items 11 (1 unit) and 14 a) (2 units X 6 hours) are allowed as requested. Concerning the number of units claimed under item 26 for the assessment of costs, I increase it to 2 units since it is the lowest number of units in Tariff B under column III.
[7] In response to the Plaintiff's argument of poverty, I will cite Mr. Justice Gibson in Nike Canada Ltd. et al v. Jane Doe and John Doe et al (T-2027-97), "In an award of costs, neither the ability to pay nor the difficulty of collection should be a deciding factor".
[8] The Defendant's costs are taxed and allowed in the amount of $3,600.00. A certificate will issue accordingly.
JOHANNE PARENT
ASSESSMENT OFFICER
MONTREAL (QUEBEC)
July 15, 1999
[9]
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19990715
Docket: T-369-96
Between:
ALLAN J. LÉGÈRE
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR TAXATION
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-369-96
STYLE OF CAUSE: ALLAN J. LÉGÈRE
Plaintiff
| AND |
| HER MAJESTY THE QUEEN |
Defendant
ASSESSMENT OF COSTS WITHOUT PERSONAL APPEARANCE OF PARTIES
ASSESSMENT OF COSTS -
| REASONS BY: JOHANNE PARENT |
ASSESSMENT OFFICER
DATE OF REASONS: July 15, 1999
SOLICITOR OF RECORD:
Mr. Allan J. Légère for Plaintiff on his own behalf
Deputy Attorney General of Canada for Defendant
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